Affidavit In Support Of Motion To Vacate For Lack Of Service
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Affidavit In Support Of Motion To Vacate For Lack Of Service Form. This is a New York form and can be use in Family Court Statewide.
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Tags: Affidavit In Support Of Motion To Vacate For Lack Of Service, 4-25b, New York Statewide, Family Court
F.C.A. §451
Form 4-25b
(Child Support -- Affidavit in Support of Motion
to Vacate for Lack of Service)
(8/2010)
FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF
...........................................................................................
In the Matter of a Proceeding under Article 4 of the
DOCKET NO.
Family Court Act,
AFFIDAVIT IN SUPPORT OF
Petitioner
MOTION TO VACATE
FOR LACK OF SERVICE
-againstRespondent
............................................................................................
STATE OF NEW YORK
)
) ss.:
COUNTY OF NEW YORK )
I, [specify name]:
, [check if applicable]: G an attorney duly
admitted to practice law in the State of New York, G swear G affirm the following to be true under
the penalties of perjury:
1. I am:
, the Respondent in the above-entitled action. I
make this affidavit in support of the motion for an Order vacating the Order of Support, entered by
this Court on [specify date]:
, for the support of the following
child(ren)[specify]:
A copy of the Order of Support is attached.
2. I did not appear in Court on the date the Order was issued because I had not been served
with a summons or petition and I had no notice of the proceedings.
3. I did not make this motion earlier because [specify reasons, if any]:
4. If I had appeared in court I would have presented the following valid defense to the child
support petition [briefly summarize defense]:
5. No previous application has been made to any court or judge for the relief herein requested
(except [specify]:
WHEREFORE, I respectfully request that the Order of Support entered by this Court on
[specify date]:
be vacated and that this Court grant such other and further
relief as it may deem proper.
Dated
,
.
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Form 4-25b
Page 2
______________________________________
Applicant
______________________________________
Print or Type Name
Sworn to before me this
day of
,
(Deputy) Clerk of the Court
Notary Public
_____________________________________
Signature of Attorney, if any
______________________________________
Attorney’s Name (print or type)
______________________________________
______________________________________
Attorney’s Address and Telephone Number
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